Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time.Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2(f) of the DV Act is not confined to...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Nominal Index:Anand Vs Union of India 2024 LiveLaw (JKL) 330Shakeel Mohd Vs UT Of J&K 2024 LiveLaw (JKL) 331M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw (JKL) 332Govind Ram Vs Vidhya Devi 2024 LiveLaw (JKL) 333Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw (JKL) 334Shabnam Soodan Vs Seema Gupta 2024 LiveLaw (JKL) 335Avtar Krishan Suri V/s...

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts.Further, the court reiterated that transfer and posting are incidents of service, and an...

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor.For this limited purpose, a suit based on such an agreement is maintainable under the law, the court stated while reaffirming the legal sanctity of such agreements in...

Internal Complaint Committee Cannot Entertain Complaints Filed Beyond Three Month Limitation Period Under POSH Act: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that an authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) lacks the jurisdiction to act upon and decide complaints filed beyond the condonable limitation period of three months, as provided under the second proviso to Section 9(1) of the Act.Quashing the...

J&K COBA 1988 | Authorities Cannot Exceed Grounds Specified In Show Cause Notice When Taking Action Against An Individual: High Court

Reaffirming the foundational principle of administrative law that actions taken against individuals must strictly adhere to the grounds specified in the show cause notice the Jammu and Kashmir and Ladakh High Court has ruled that authorities cannot transgress the boundaries of the notice as such transgressions undermine the principles of natural justice and render subsequent actions...

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12(5) read with Seventh Schedule of the Arbitration Act. Brief Facts The petitioner has filed this application under section 11 of the Arbitration Act,...

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters.The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without...

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that Section 197 of the Code of Criminal Procedure (CrPC) provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties.Justice Sanjay Dhar, while quashing an order directing the registration of an FIR against two senior...

O.14 R.5 CPC | Courts Can Amend Or Strike Out Issues Anytime Before Decree, But Must Hear Parties And Allow Evidence: J&K High Court

Shedding light on the on the scope of judicial discretion under Order 14 Rule 5(1) and (2) of the CPC, the Jammu and Kashmir and Ladakh High Court has reiterated that courts have the authority to amend, add, or strike out issues at any stage of a suit before a decree is passed.However a bench of Justice Javed Iqbal Wani clarified that the exercise of such power necessitates giving parties...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 2 - December 8, 2024

Nominal Index:UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324X Vs UT Of J&K 2024 LiveLaw (JKL) 325Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328Peerzada Mohd Yehya Vs UT Of J&K 2024 LiveLaw (JKL)...

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. Brief Facts The petitioner is a private limited company has filed this petition under section 11 of the Arbitration Act seeking appointment of...